Archive for October 2nd, 2008
Rewards for hiring Caymanians
(CNS): The Immigration Department is looking at developing a reward system for companies that have consistently committed to training and hiring Caymanians, according to Chief Immigration Officer Franz Manderson, who said that authorities have intensified investigations of employers who break work permit rules and, in so doing, deny locals desirable job opportunities.
However, the CIO also advised young Caymanians to earn appropriate qualifications to ensure that they can compete in the labour market and take advantage of employment opportunities, GIS reports.
Speaking at the Immigration district evening public meeting held recently in North Side, Manderson noted that his department and the Immigration Boards are working hard to ensure that more Caymanians benefit from the Islands’ economic prosperity. “Our goal is to see more Caymanians being trained for positions, including senior level postings in our workforce,” he said.
While applauding companies that provided employment and training opportunities for local people, Manderson said others left much to be desired. As examples of good corporate citizenship, he cited several law and accountancy firms, as well as the Tortuga Rum Company, which recently announced two scholarships for Caymanian employees. The CIO emphasised that his staff and board members are working to ensure that positions advertised are legitimate and that companies have exhausted all efforts to find Caymanians to fill vacancies before they are offered to foreign nationals.
“We have probed cases where businesses use misleading advertising. For example, a company may say it needs a clerk, when in fact it needs an accountant,” he said, adding that such deception usually aims to avoid paying higher work permit fees. Manderson noted that these falsities also cheat citizens who might have applied had the correct positions been published.
“When an advertisement appears for a particular position and when a company submits a request for a work permit for certain positions, my staff and both the Business Staffing Plan Board and the Work Permit Board investigate whether any qualified Caymanian is available to fill the vacancy,” he added.
Turning to the responsibility of Caymanians, Manderson asked, “We could eliminate all 25,000 work permits tomorrow, but what would be the point if there are no qualified Caymanians for these positions?” On a related matter, the CIO voiced his concern about the number of persons in the country on work permits but without work. He asked Caymanians and other employers to inform the Immigration Department of the change in employment status of workers no longer employed by them, and to be honest when filing applications for permits.
Henderson not suspended
(CNS): Chief Justice Anthony Smellie has confirmed that Justice Alex Henderson had not been suspended from his office as a Judge of the Grand Court but has opted not to preside at present. “The administrative decision as to whether Justice Henderson should at this time be sitting as a judge has been left to me,” said Smellie in a statement. “Through his advisors, Justice Henderson has agreed that it would be inappropriate for him to preside in the circumstances as presented to him. I shall keep the matter under review.”
The statement was read at the opening of the Grand Court yesterday, 1 October, by Justice Lennox Campbell, who has been temporarily appointed to serve in Cayman from Jamaica for one month. The Chief Justice had to be in another court dealing with a case over which Justice Henderson had been presiding.
In the statement Smellie said that Henderson was arrested on an allegation which does not involve dishonesty and was unconnected to any case over which he presided and noted that he has not been charged. The Chief Justice also sought to address concerns regarding the current situation with the judiciary and announced the plans he had put in place to address the absence of two Grand Court Judges and the impact on the court schedule.
“The recent arrest of Justice Henderson, following the appointment of an inquiry into the conduct of Justice Levers, inevitably must cause concern about the Courts’ capacity to continue to serve at the level of efficiency that the legal fraternity and the public have come to expect. I wish to allay those concerns and make clear the steps I have taken to ensure that the integrity of the judicial system remains intact,” he said. “Justice Charles Quin returned to resume duties today, having agreed to cut his two weeks’ leave in the UK by one week. Justice Norma McIntosh, who has wide judicial experience in Jamaica, has been appointed to sit for a period of three weeks.”
Smellie also announced that Justice Lennox Campbell, a High Court Judge of Jamaica with wide judicial experience, had been appointed to act as judge for a period of one month.
“The necessary measures have therefore been taken to ensure that there will be four judges available to deal with the busy calendar so that access to the Courts is unimpeded,” he stated. “I therefore wish to assure the public that adequate steps have been taken to deal with this difficult situation. The public can retain its confidence in the administration of justice in the Islands. The judiciary dealing with cases in courts will continue to adjudicate them fairly, impartially and with integrity.”
He thanked all members of the legal fraternity for their understanding as Legal Affairs worked to do everything at the Courts to ensure that the administration of justice continues to function normally.
“I thank my colleagues and staff for their outstanding efforts at ensuring that we continue to serve the public with as little disruption as possible,” the Chief Justice added.
CPA hears quarry objections
(CNS): UPDATED — The Central Planning Authority (CPA) yesterday heard Lorenzo Berry’s White Rock Investments planning application for his excavation project in the Lower Valley Forest and also heard from numerous objectors to the application. The residents of Mahogany Estates, who have been severely impacted by Berry’s illegal operation for many years, as well as four members of the Berry family with a claim on the land, raised various objections.
While CPA chair Dalkeith Bothwell made no initial objection to the attendance of the media at the Wednesday, 1 October, planning meeting, he said, in the spirit of Freedom of Information, an objection from Samuel Jackson, Berry’s lawyer, suggested it was not normal practice to conduct planning meetings in the presence of the press and as they had not been informed the media was present, he wanted them removed.
“We want to know who is in the room and if they fall outside of the 1500 feet objection they have no business being here,” said Jackson. “We expected the usual rules of planning procedure.” The lawyer said that the issue had already turned into a media circus and that they were all there to deal with a salient planning application which should follow the normal procedure.
Before being removed, CNS heard Murali Ram, who is acting for four members of the Berry family who have a claim on the land, which was originally owned by their grandfather, Thomas Berry. He stated that Lorenzo Berry’s right to excavate the property as White Rock Investments was in legal dispute and that Planning would be wise to take legal advice before granting Berry official planning permission to quarry and level land that was not solely owned by him. Currently Berry is listed as the administrator of the land and by no means the only benefactor or claimants to it.
Bothwell also indicated that the CPA had a number of objections in writing but said those present who wanted to speak against the application would be allowed to do so. Developers of the planned luxury Beach Bay resort were also there, and while they offered no official comment, another Beach Bay strata representative asked to speak his objection on the strata’s behalf.
After the meeting neither Stafford Berry nor attorney Samuel Jackson would comment on the hearing on behalf of the applicant. However, Reverend Nicholas Sykes and Jean Ebanks, residents of Mahogany Estates, spoke about the meeting events and said while they believed they had presented a good case without the benefit of legal representation, Berry’s lawyer had done his best to ridicule their valid objections.
“I believe we made our points adequately,” said Sykes. “However, the outcome remains in their hands, but we believe at the very least the legal dispute within the Berry family over ownership should delay any further excavation.”
Ebanks said she was very concerned about how Berry’s lawyer had simply dismissed the objections submitted by the Department of the Environment. She said Jackson had told the CPA it should not even look at the objection as the DoE had absolutely no legal standing, as there was no environmental law in Cayman.
“We believe, however, regardless of his belittling theenvironmental objections, members of the Planning Authority are more intelligent than that and they will consider the comprehensive objections submitted by the DoE and ourselves,” she said. Indeed, Kenneth Ebanks, the Director of Planning, recently attended a climate change conference and said that Cayman needed to improve its environmental protection legislation. The residents expressed concerns too over what could prove to be a massaging of objections. Ebanks said that while Jackson stated that the applicant’s poll had claimed 53% support within the 1500-foot radius of the development, their objectors’ list suggested that could not be possible.
They were also concerned that while residents on the estate have made numerous complaints to the police regarding the threats made by Berry, some family members and employees, Jackson read a letter which he claimed was from a senior police officer at Bodden Town Police station stating that there were no complaints against Mr Berry. All the residents, however, vehemently disagree and state that even their MLA, Osbourne Bodden, has made complaints to the police on their behalf. CNS contacted the RCIPS which confirmed that there was indeed a record of a number of complaints from all parties invovled in the dispute regarding Mahogany estates.
Residents now have to wait to hear the outcome of the hearing as Bothwell said it would be a few days before the CPA would make its decision.
Colonial paternalism and constitutional talks
The Cayman electorate should be wary of a United Kingdom negotiating team that fields several members from a “Directorate”, one of whom is described as a “political commissar”. It sets an unfortunate and patronising ‘we know best’ dirigiste tone and sends entirely the wrong message.
This unfortunate start is compounded by the swift dismissal by the UK team leader of any suggestion of transparency in the debate itself. This seems to be the British civil service up to its usual closed door tactics.
The Cayman Islands constitution has progressed little in more than 30 years, due principally to a lack of consensus locally. It is now most inadequate for the Islands’ governance as is demonstrated almost daily. And if Cayman continues to follow the same processes as before, the same poor outcomes are likely, with the talks ending inconclusively.
So if the participants in the discussions were to have an audience of interested and concerned voters watching and listening (in silence), it might just make them all think very carefully about grandstanding or putting forward extreme views and work very hard towards achieving a meaningful conclusion of which all could be proud,
The UK team has done the people of the Cayman Islands a disservice.
CAL heads to US capital
(CNS): The National Flag carrier will be introducing a direct flight to the US capital when it begins flying into the gateway of Washington’s Dulles airport. And it looks like Chicago will be "Cayman Airways’ kinda town" once again as the airline re-introduces the previously failed route this winter. According to the board chair, Angelyn Hernandez, both routes have been carefully researched and have revealed considerable demand.
Speaking at a special press briefing on Wednesday morning (1 October), flanked by the airline’s new management line-up, she said that the decisions to introduce these two routes were sound commercial decisions to enhance airlift. “We intend to keep an eye on the US market in the future but for this winter we are introducing Washington and Chicago for sound business reasons,” said Hernandez.
First introduced in December 2003, Chicago was dropped by the airline last year, but Hernandez says the route was not a complete failure. “We think it was the wrong days and times and perhaps it wasn’t marketed as well as it could have been. Managed properly we believe this will be a successful gateway,” she added.
The chair also confirmed the Tourism Minister’s recent announcement that the airline had decided not to purchase two Embraer E-170s as had been planned for this winter, but she said CAL was looking at acquiring on lease another type of aircraft related to the current "family", she said, adding that CAL had not abandoned the project but postponed it.
“After looking carefully at the immediate needs and requirements for the winter season, the decision has been made to temporarily postpone the acquisition of a different type of aircraft at this time. The team is actively pursuing a plan which would seamlessly fit the airline’s present operational structure and which would meet our plans for this winter season,” she said. “The airline is mindful of its obligations to act as the economic lever for all three islands, and is doing all that it can within its means to meet such obligations and expectations,” she said.
Hernandez also said that the airline was currently enjoying record performances despite all the turmoil in the market. CAL VP of Finance Paul Tibbetts said passenger revenue for the month of August came in at US$5.8 million, which he said was a new record. He also said the airline has significantly exceeded average load factors of previous years for eight of the past 12 months.
With a reduction in overall running and maintenance costs, coupled with an increase in passengers, Tibbetts said they were coping with the massive increase infuel costs.
“In the past two to three years, the investment in the Lufthansa audit by the Ministry and the subsequent assistance of Lufthansa in assisting the airline to implement procedures and tools have already borne fruit and will continue to do so in the long term,” Hernandez added. “We started out by calling this the ‘turnaround plan’ and we have managed to turn the airline in a positive direction. The numbers are evidence of this.”
She said while there were challenges on the horizon, with efficient tools and procedures the airline stood ready to serve the Cayman Islands. She said it was important to note that the success was a direct result of the hard work and dedication of the staff. “Demands have been made on them and it has not always been easy changing established ways of doing business or even adapting to matters, but they rose to the challenges. It is important that we continue to harness the loyalty and talent that we have within the company. The Board is pleased with the results of the past two three years, but recognizes that there is still much more to attend to,” she added.
Hernandez also introduced three brand-new additions to the management team: VP Commercial Paul Mooney, Robert Hartsfield, the new Commercial Director of Revenue Programs, and Olivia Scott, the new Manager of Corporate Communications.